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House | April 8, 2013 | Chamber | Session

408:
Speaker1: The House will come to order members please take your seats.
This is the right place to retire from the chamber. Members and visitors
in the gallery observe silence and please switch off your phones and
personal electronic devices. Now it’s time to close the doors. The
prayer will be offered by Representative Kelly Alexander. Members and
visitors in the gallery please stand and please remain standing for the
pledge of allegiance.
Speaker changes: I would like to preface the prayer this evening by a
brief passage from Abraham Lincoln’s first inaugural.” We are not the
enemies, we must not be enemies, oppression may have strained it must
not break our bond of affection; that every heart beats to, be bowed as
I lift up. “This xx war era prayer continues to resonate today. “Mine
eyes have seen the glory of the coming of God. He is tramping out the
vintage where the grapes of wrath are stored. We have to lose the
faithful lightning of xx of his sword. Truth is marching on; I have seen
Him in the watch-fires of a hundred circling hands , they have built Him
an altar in the evening dos and dance. I can read His righteous sense
that the dim and flaring lamps, His day is marching on. He has sounded
forth the trumpet that shall never call retreat. He is sifting up the
hearts of men before His judgment seat. Oh! Be swift my son, to hold the
hands, and be jubilant my feet ,our God is marching on. In the beauty
of the lilies Christ was born across the sea. The glory in His bosom
that transfigures you and me, as He died to make men holy, let us die to
make men free, while God is marching on.” Amen.[Pledge: ???]
Speaker changes: Representative Moore is recognized
Speaker changes Mr. Speaker , the journal for April 4, 2013 was examined
and was found to be correct. And the proof was read.
Speaker changes: Representative Moore moves the journal for April 4th,
to be approved, those who approve say aye, all opposed say no. The ayes
have it. The journal of 4th is approved..
Speaker changes: xxx to address the General Assembly of the House.
Speaker changes: Ratifications and resolutions of the House? Clerk will
read.
Speaker changes: xx in bill 123 and act to clarify existing law
pertaining to sex offenders residing near schools or day care centers.
Speaker changes: Captioned bills to be noted.
Speaker changes: Reports of standing committees and permanent sub-
committees; Representatives Cleveland, Hastings and xx are recognized .
The committee reports. Clerk will read.
Speaker changes: Representative Cleveland , Hastings and
Pekerman??military and veterans committee House bill 433, land use,
land in military installations favored and referred to judiciary
subcommittee A. .
Speaker changes: House bill 433 will be re-referred to the judiciary sub
committee act.
Speaker changes: House bill 323 CEO requires military experience favor
of xx committee sub xx in favor of bill.
Speaker changes: Sub- committee substitute counter and favorable count.
Speaker changes: House bill 325, Park fees for military veterans

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Clerk: …the law in sanctioning healthcare professionals for assisting in
the execution process, to amend the law in administrative of lethal
injection, to require a setting of execution date if any of the events
providing that statue have occurred, to eliminate the process by which a
definitive use of statistics, to have the sentence of death to life in
prison without parole, to require periodic reports with training
availability of personnel to carry out a death sentence, and to require
a period of reports of status pending on post conviction capital cases.
Speaker: Judiciary subcommittee B.
Clerk: Judiciary subcommittee B, substitute for senate bill 316, a bill
entitled an act to provide a rebuttal assumption exists in certain
circumstances a person charged with a felony or class A1 misdemeanor
involving the illegal use or discharge of a firearm should not be
released prior to trial after amend certain favorable bond conditions.
Speaker: Judiciary favorable bond appropriations. Ladies and gentleman,
house bill 589 strike referral educations; 589 will be referred to the
committee on elections. If we could please have the pages come to the
front of the gallery. The pages of the [xx] if you could please step
down momentarily, we would like to introduce you. [silence] Pages, as
the reading clerk calls out your name, if you could stand forward and
wait so we can put a name to a face. The clerk will read.
Clerk: Ernesto Alvarez, McClemburgh; Christian Bower, Durham;
Holliground, Gaston; Brianna Campbell, Halifax; Brett Ellison, Durham;
Alexandra Fisher, Union; Hayland Madison, Union; Shelby Ingram,
McClemburgh; Hayley McQue, Franklin; Carley Venters, Hanover.
Speaker: Pages, on behalf of all the members, I want to welcome you to
the house this week. We appreciate your willingness to come down and
serve this great institution. We hope that you learn a little bit this
week, and have a good experience. We look forward to all the work you
will do for us – and you will be doing some work this week. So members,
let’s properly welcome them.
[clapping]
Speaker: You may know return to your stations. Ladies and gentleman of
the house, upon motion of McClemburgh County, especially Representative
Caughman, the chair is happy to extend the courtesies of the gallery to
Representative Caughman’s mother, Pat Caughman, who is also chair of the
McClemburgh County Commission. Commission Caughman, please stand and let
us welcome you.
[clapping]
Speaker: Calendar house bill 314, the clerk will read.
Clerk: House bill 314, a bill entitled an act extending the terms of
office mayor board commissioners of the town [xx] from 2 to 4 years,
providing that the notice of candidacy for office shall be filed with
the county board of elections. General assembly of NC enacts.
Speaker: Representative Martin, please state your purpose.
Representative: To debate the bill.
Speaker: The lady is recognized to debate the bill. The house will come
to order.
Representative: Thank you Mr. Speaker. This is a very straightforward
bill. It came to me as a resolution from the mayor of Agin and the town
commissioners that it was fully supported and through the town
community. They have requested that there terms be changed from two
years, as they have today, to four years stagger terms. The way that we
will accomplish that is with this coming election in 2013, several
members will run for 2 years and others will run for 4 years, and

End of two years, everyone will accomplish four-year term. I did have
some questions. I asked the League of Municipalities is the standard and
there are 345 municipalities on four-year staggered terms and only 164
on two-year terms. It’s definitely the trend for consistency to have
that in place. It came through committee unanimously and I would ask you
to support me and support my community.
[Speaker change]: Representative Brian Brown. Please state your
purpose.
[Representative Brown]: To debate the Bill.
[Speaker change]: Gentleman is recognized to debate the Bill.
[Representative Brown]: Thank you Mr. Speaker. I would just like to tell
everyone that this is a very straight forward Bill. A very good Bill and
there’s no opposition to this Bill in our district. Thank you very much
and I ask for your support of the Bill.
[Speaker change]: Further discussion. Further debate. If not, the
question before the House is the passage of House Bill 314 on it’s
second reading. All in favor say, aye. All opposed say no. The ayes
have it. House Bill 314 is passed it’s second reading without objection.
Will be read a third time.
[Clerk]: ?? of North Carolina in ??
[Speaker change]: Further discussion. Further debate. Representative
Horn, please state your purpose. If not the question before the House is
the passage of House Bill 314 on it’s third reading. All in favor say
aye. All opposed say no. The ayes have it House Bill 314 has passed its
third reading and will be sent to the Senate. Ladies and gentleman the
next two Bills are also voiced votes on both readings.
House Bill 354 the Clerk will read.
[Clerk]: House Bill 354 is ?? a Bill authorizing two county
commissioners to serve on the Board of ??, ?? Community College. General
Assembly of North Carolina ??
[Speaker change]: Representative Ramsey please state your purpose.
[Representative Ramsey]: To debate the Bill Mr. Speaker.
[Speaker change]: Gentleman recognized to debate the Bill.
[Representative Ramsey]: Mr. Speaker, Members of The House, I stand to
ask you to support this Bill. This is a fairly technical correction
unbeknownst to me. I served eight years on the Board of Commissioners ??
County and did not realize under current law, ?? County in Madison
County Commissioners cannot appoint a County Commissioner to serve on
the AV Tech Board of Trustees at the same time. Due to some recent facts
that occurred in our community, that was brought to our attention and
the Madison County Commissioners, ?? County Commissioners support this
Bill AV Tech supports the Bill and I would ask the Members of this House
to support this Bill as well.
[Speaker change]: The discussion for the debate. If not, the question
before the House is the passage of House Bill 354 on it’s second
reading. All in favor say aye. All opposed say no. The ayes have it.
House Bill 354 is passed it’s second reading without objection, will be
read a third time.
[Clerk]: General Assembly of North Carolina in ??
[Speaker change]: For the discussion for the debate. If not the
question before the House is the passage of House Bill 354 on it’s third
reading. All in favor say aye. All opposed say no. The ayes have it.
House Bill 354 is passed it’s third reading will be sent to the Senate.
House Bill 555 the clerk will read.
[Clerk]: House Bill 555 the Bill to ?? county to use the designed build
method of construction. General Assembly of North Carolina in acts.
[Speaker change]: Representative Ramsey, please state your purpose.
[Representative Ramsey]: Mr. Speaker, to debate the Bill.
[Speaker change]: The gentleman is recognized to debate the Bill.
[Representative Ramsey]: Mr. Speaker, Members of The House, this Bill
was requested by ?? County. It deals with a specific project. At 2154
Hendersonville Road there’s a limited time period to allow the county to
go forward. There’s some time sensitivity in this regard. Hopefully
there will be a very positive economic development announcement in our
county. Our county has requested this authority. I commend the Bill and
ask the members of this chamber to support it.
[Speaker change]: Further discussion. Further debate. If not the
question before the House is the passage of House Bill 555 on it’s
second reading. All in favor say aye. All opposed say no. The ayes have
it. House Bill 555 is passed it’s second reading and without objection
will be read a third time.
[Clerk]: General Assembly of North Carolina in Acts.
[Speaker change]: Further discussion. Further debate. If not, the
question before the House is the passage of House Bill 555 on it’s third
reading. All in favor say aye. All opposed say no. The ayes have it.
House Bill 555 is passed it’s third reading will be sent to the Senate.
House Bill 240 the Clerk will read.
[Clerk]: ?? for House Bill 240 a Bill to be titled and enacted to expand
the choices for health insurance in North Carolina by exempting health
insurance companies from out-dated risk exposure requirements to remove
a focal identification requirement for new domestic companies to help
mortgage guarantee companies adjust their capital and surplus
requirements to revise certain risk-based capital requirements in order
to maintain North Carolinas NAIC accreditation, clarify consumer choice
and home-owners coverage for wind and hail to clarify the certification
requirements so the actuary who presents the schedule of premium rates
to shorten certain time periods for external review by the commissioner
of certain insurer determination

?? access of coverage to businesses that need blanket accident and
health coverage. To make certain conforming changes related to the
renaming of the office of managed care patient assistance program as
health insurance smart North Carolina. To amend the definition of
private passenger motor vehicle.
To clarify when an insurer can communicate with the insured after the
public adjuster has been retained. and to clarify when an automatic stay
of proof of loss requirements, premium and debts referrals, and loss
adjustments are triggered.
General assembly of North Carolina enacts.
[SPEAKER CHANGES]
Representative Dockham, is there anything left to explain?
The gentleman is recognized to debate the bill.
[SPEAKER CHANGES]
No sir, there isn't anything. I apologize mister speaker. I'd like to be
recognized for a motion.
[SPEAKER CHANGES]
The gentleman is recognized for a motion.
[SPEAKER CHANGES]
I'd like for house bill 242 to be taken off tonight's calendar. And
re-calendared for Wednesday May 10.
[SPEAKER CHANGES]
Without objection,
[SPEAKER CHANGES]
Thank you.
[SPEAKER CHANGES]
So ordered. House bill 242 will be -
Representative Moore, please state your purpose.
[SPEAKER CHANGES]
Motion pertaining to tonight's calendar in the next bill, mister
speaker.
Mister speaker, move to have house bill 242 which is the next one on the
calendar be removed from the calendar and referred to the committee on
finance.
[SPEAKER CHANGES]
Without objection, so ordered.
Representative Dockham, the chair would like to be clear that is April
the tenth, not May the tenth?
Without objection, so ordered.
House bill 293, the clerk will read.
[SPEAKER CHANGES]
House bill 293. A bill for an act amending the secure and fair
enforcement mortgage licensing act to reduce regulatory burdens, making
clarifying and technical changes, and modifying certain foreclosure
proceedings.
The general assembly of North Carolina enacts.
[SPEAKER CHANGES]
Representative Szoka, please state your purpose.
[SPEAKER CHANGES]
To debate the bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the bill.
[SPEAKER CHANGES]
The purpose of this bill is to update the North Carolina secure and fair
enforcement mortgage licensing act. To make it conform to recent changes
in federal law and to make some common sense changes to reduce some
regulatory barriers and to make North Carolina law no more restrictive
than federal law in these issues.
This has the full support of the commissioner of banks. It passed the
banking committee unanimously and I know of no opposition to this bill.
I ask for your support.
[SPEAKER CHANGES]
Further discussions? further debate?
If not, the question before the house is the passage of house bill 293
on its second reading. All in favor, vote aye. All opposed, vote no. The
clerk will open the vote.
The clerk will lock the machine and record the vote.
One hundred and thirteen having voted in the affirmative and none in the
negative, house bill 293 has passed its second reading. And without
objection, will be read a third time.
[SPEAKER CHANGES]
The general assembly of North Carolina enacts.
[SPEAKER CHANGES]
Any further discussions? further debate?
If not, the question before the house is the passage of house bill 293
on its third reading. All in favor, say aye. All opposed, say no. The
ayes have it.
House bill 293 has passed its third reading and will be sent to the
senate.
House bill 296. The clerk will read.
[SPEAKER CHANGES]
Committee substitute for house bill 296. A bill for an act to amend and
clarify the educational requirements and establish a hunting heritage
apprentice permit.
General assembly of North Carolina enacts.
[SPEAKER CHANGES]
Representative John Bell, please state your purpose.
[SPEAKER CHANGES]
Speak on the bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you mister speaker. Ladies and gentleman, this bill is pretty
straight forward. House bill 296 will authorize the wildlife resource
commission to issue a hunting heritage apprentice permit which
authorizes a person who has not attained a hunter education certificate
to hunt along with a licensed hunter at least 18 years of age or a
spouse exempt from hunting license requirement if hunting on the land
holder's land.
This bill also makes several technical changes to the current law. One
of the first technical change it makes, it changes the wording of hunter
safety and changes that into hunter education. And it also allows a
hunting license applicant to make a voluntary contribution of more than
what is currently fifty cent.
It passed committee unanimously with no opposition. And I ask for your
support for the bill. Thank you.
[SPEAKER CHANGES]
Further discussion? Further debate?
If not, the question before the house is the passage of house committee
substitute to house bill 296 on its second reading. All in favor, vote
aye. All opposed, vote no. The clerk will open the vote.
All members wishing to record, please do so at this time.
Clerk -

Machine record the vote.
[SPEAKER CHANGES]
113 having voting affirmative and none in the negative the House
Committee substitute to house bill 296 has passed its second reading and
without objection will be read a third time.
[SPEAKER CHANGES]
General Assembly of North Carolina enacts.
[SPEAKER CHANGES]
Further discussion, further debate. If not the question before the House
is the passage of the house committee substitute to House bill 296 on
its third reading. All in favor say aye. All opposed say no. The ayes
have it. The House Committee substitute for House bill 296 has passed
its third reading will be sent to the Senate. House bill 317 the Clerk
will read.
[SPEAKER CHANGES]
Committee substitute for House bill 317 the bill’s being ?? enact to
improve educational outcomes for North Carolina children who are deaf or
hard of hearing. General Assembly of North Carolina enacts.
[SPEAKER CHANGES]
Representative Blackwell please state your purpose.
[SPEAKER CHANGES]
Speak on the bill please sir.
[SPEAKER CHANGES]
The gentleman is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you Mr. Speaker. This is a bill that I have actually been working
on over the course of a couple years and we are back here with what we
believe is an improved product and one that merits your success in
voting for it. I want to acknowledge Representative Farmer-Butterfield
and this year Representative Martin in joining in helping us on this
bill and I’ll briefly just characterize a couple things that are in the
bill. One of the things that this does is assures the children in the
state who have a deaf or hard of hearing problem that a document that
has been developed for the purpose of trying to be sure all of their
special needs are met is actually used by the IEP teams when the
evaluation and the assessments are being done. That’s called a
communication plan worksheet and this bill very simply requires its use
and in connection with that assures that each individual student’s
particular means of communication will be taken into account and the
assessment and evaluation will be reviewed at least annually. Another
thing that it does in dealing with deaf and hard of hearing students
it’s especially important that highly qualified individuals are
available to assist in these assessments and meeting their particular
needs. And it takes into consideration as well and this is in subsection
3 of section 1 that we’re looking at both their academic and their
social skills. One of the great difficulties that some deaf and hard of
hearing students have is in developing, as you would expect their
communication and literacy skills. And those are very often best
developed or more highly developed in a social context. And so rather
than them being perhaps excluded or barely included in extracurricular
activities the concept is that in planning for the communications needs
of these students that those social skills and needs will be taken into
account as well as the academic. A final point that I’ll mention from
section 1 of the bill is that parents ought to be told that they have as
one option, and it’s simply one of several options, a residential school
placement. And if they choose to pursue that that a representative from
the residential schools will be given the opportunity to participate in
the IEP consideration for the student in helping to determining what the
proper placement is. Final thing I’ll say on the bill which I think is
important as well is that this will create a database in which the
Department of Health and Human Services which collects data on deaf and
hard of hearing students especially from birth until they enter into the
school system will be shared with the department of Public Instruction
so that we can have a better picture of how these student’s needs are
developing and being met and that ultimately our goal is to determine
how they are doing in becoming literate and acquiring the communications
skills that need to be successful adults. I was pleased that we appear
to have a unanimous support in the House Education Committee and I asked
the body to endorse that tonight by giving your support as well. Thank
you Mr. Speaker.
[SPEAKER CHANGES]
Representative Farmer-Butterfield please state your purpose.
[SPEAKER CHANGES]
Speak on the bill.
[SPEAKER CHANGES]
The ladies recognized to debate the bill.
[SPEAKER CHANGES]
Thank you Mr. Speaker. Ladies and gentleman. Current statutes

..providing that the State Board of Education may set standards for
educational children with disabilities that are higher those required by
IDEA and that's the Federal Individuals With Disabilities Act I-D-E-A.
This, in my opinion is a good deal in that its primary purpose is on
improving educational outcomes for children who have hearing impairments
or are deaf. And the bill outlines specifically as Representative
Blackwell has stated it tells specific strategies that the State Board
of Education has to use to ensure that the children's outcomes are
improved. The database that he talked about brought up some discussion
in the education committee in terms of security. So, committee workers
on this deal immediately found out that there is a family educational
rights and privacy act further which protects the confidentiality and
security of the database collection, so their information would be
protected and be private. Finally, we find that from 2005 to 2006 and
then 2010 to 2011, surveys of early intervention programs for children
who are deaf or hard of hearing indicated a great increase over the
years and children with hearing impairments and deaf are in all 100
counties right now except 4, so I think that's important to know. All
the stakeholders are supporting the bill and I ask for your support,
thank you.
[SPEAKER CHANGES] Representative Martin, please state your purpose.
[SPEAKER CHANGES] To debate the bill
[SPEAKER CHANGES] The latest right now is to debate the bill, the House
will come to order.
[SPEAKER CHANGES] Thank you, Mr. Speaker. I will say as a Freshman
legislature there's a lot of problems that we're facing that seem
overwhelming and there's not a good solution and I'm happy to say that
in this area, the problem is a little bit different in that we have
great resources in our residential schools. The people there have such
passion, such skill, and they're just not available to everyone right
now and the reason that they're not available is because of the
interpretation of the least restrictive environment. As you see in the
bill's summary that the least restrictive environment has been
interpreted that they should be in the public school system unless
they're failing. But for someone who is deaf of hard of hearing and
really just the truly deaf which is about 5% of that population of deaf
or hard of hearing, it's less restrictive for them to be in an
environment where they can communicate with other children and have
adult role models and they don't just have one interpreter who can help
them communicate maybe with a teacher, maybe with one student and maybe
they don't even get to talk to their parents when they get home. So this
just provides, empowers parents to make that choice for their student;
what is the least restrictive environment and the best education for
them. And another good thing it does is it gets our residential schools
which serve every county in the state out of ?? and as a support for all
of the deaf and hard of hearing willing to be that expert and to come in
and support the public schools in any way that they can. So I think that
it's an excellent bill, it's difficult, the data thing that they're deaf
doesn't identify how deaf they are if they're truly just hard of hearing
or if they're signing. So it's a real challenge and this will help with
literacy and communication. I commend the bill to you.
[SPEAKER CHANGES] Representative Insko, please state your purpose.
[SPEAKER CHANGES] To ask the bill sponsor a question
[SPEAKER CHANGES] Representative Blackwell does the gentleman yield?
[SPEAKER CHANGES] I do.
[SPEAKER CHANGES] Gentleman yields.
[SPEAKER CHANGES] Representative Blackwell, you may have covered this in
your comments but I may not have heard it. But this will apply to
students who are students in our schools of deaf or in public schools
both, right?
[SPEAKER CHANGES] If they are deaf and hard of hearing, it would apply
to all of them wherever they are.
[SPEAKER CHANGES] Follow up.
[SPEAKER CHANGES] Gentleman yield for a follow up?
[SPEAKER CHANGES] I do.
[SPEAKER CHANGES] Gentleman yields.
[SPEAKER CHANGES] And it also, the goal is to make sure that the
students gain skills in reading as well as communicating either in
spoken language or in sign language. Is that the purpose?
[SPEAKER CHANGES] I think the answer is correct if I understood your
question. I'm not sure if the word reading is used in there but the
communication and literacy skills would certainly encompass that.
[SPEAKER CHANGES] And one follow up.
[SPEAKER CHANGES] Does the gentleman yield?
[SPEAKER CHANGES] I do.
[SPEAKER CHANGES] Gentleman yields.
[SPEAKER CHANGES] You know, maybe this is almost more a comment. My
experience is that the parents of these children are very involved with
their education. And so, I don't see the family members mentioned in
here at all in any way that they would be members of the individual
education plan team.
[SPEAKER CHANGES] Are you asking if the family members would be members
of the IEP Plan Committee?
[SPEAKER CHANGES] Yes.
[SPEAKER CHANGES] I think they are included in that. I'm not sure if
they're official members of the plan but the concept is that they

would have a participation in that planning. I think the parent doesn't
have the ultimate choice of what is the proper location. I think IEP
plan folks in the local school would have the final decision. But the
idea is the parent would be fully informed and have an opportunity to
argue their case with those who are making the decision.
[SPEAKER CHANGES]
Thank you.
[SPEAKER CHANGES]
Further discussion? Further debate?
If not, the question before the house is the passage of house committee
substitute to house bill 317 on its second reading. All in favor, vote
aye. All opposed, vote no. The clerk will open the vote.
All members wishing to record please do so at this time.
The clerk will lock the machine and record the vote. One hundred and
fourteen having voted in the affirmative, none in the negative. The
house committee substitute to house bill 317 has passed its second
reading and without objection will be read a third time.
[SPEAKER CHANGES]
Chairman, North Carolina ??
[SPEAKER CHANGES]
Further discussion? Further debate?
If not the question before the house is the passage of the house
committee substitute to house bill 317 on its third reading. All in
favor say aye. All opposed say no. The ayes have it. The house committee
substitute to house bill 317 has passed its third reading and will be
sent to the senate.
House bill 350. The clerk will read.
[SPEAKER CHANGES]
Committee substitute to house bill 350, a bill to ?? an act to make
various changes to the juvenile code pursuant to revisions proposed by
the court improvement project. The General Assembly of North Carolina
enacts.
[SPEAKER CHANGES]
Representative Jordan is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you mister speaker. This bill comes to us the court improvement
project which was established as part of a grant from the federal
initiative to support family preservation, prevention of child abuse,
and service to families at risk. We have an annual report to the long
section of changes to the juvenile code. Chapter 7 B. This committee is
comprised of all the stake holders in children's issues: children's
services division, the department of health services, guardian ad litem,
department of social services attorneys, juvenile court judges, child
welfare attorneys, the attorney general, and indigent defense services,
and office of parent representation.
This year's bill is 24 pages and 40 sections and the staff summary is
four pages. There's some small changes. There's some larger changes. I
appreciate the assistance of my colleague, representative Charles
Graham, on this bill. We had a very good discussion and presentation in
judiciary subcommittee B with the experts on this who have been through
this and all the committee members, judiciary B, said they would stand
and help answer any questions you may have on the floor and I appreciate
representative Glazier, representative Michaux, representative Bryan.
At this point, the changes have been very well vetted and unless there
are any questions from the floor, at this point I would recommend you
vote for the bill. ?? for the bill.
[SPEAKER CHANGES]
Further discussion? Further debate?
If not, the question before the house is the passage of the house
committee substitute to house bill 350 on its second reading. All in
favor vote aye. All opposed, vote no. The clerk will open the vote.
The clerk will lock the machine and record the vote.
One hundred and fourteen having voted in the affirmative, none in the
negative. The house committee substitute to house bill 350 has passed
its second reading. Without objection, will be read a third time.
[SPEAKER CHANGES]
The General Assembly of North Carolina enacts.
[SPEAKER CHANGES]
Further discussion, further debate?
If not, the question before the house is the passage of the house
committee substitute to house bill 350 on its third reading. All in
favor vote aye. All opposed, vote no. The ayes have it.
The house committee substitute to house bill 350 has passed its third
reading and will be sent to the senate.
House bill 388. The clerk will read.
[SPEAKER CHANGES]
House bill 388. A bill to ?? an act to amend the law governing assigned
counsel in cases of partial indigency to authorize judgements for
attorney's fees to be docketed upon the expiration of the probation and
to clarify the requirement for a social security number.
The general assembly of north carolina enacts.
[SPEAKER CHANGES]
Representative Jackson is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you mister speaker.
Ladies and gentlemen, this bill comes to us from indigent defense
services. It would simply amend the law to paying to docketing a
judgement against a person who is financially able to pay a portion of
his assigned counsel's fee. The bill would also require a court
appointed attorney to make a reasonable effort to provide a social
security number. Currently once they are appointed and go through the
court process they then submit a fee affidavit. If they don't have a
social security number, they can't get paid even though may not have any
way to contact the defendant after that ?? ?? .
[SPEAKER CHANGES]
Further discussion? Further debate?
If not, the question before the house is the passage of

388 on its second reading. All in favor vote aye. All opposed vote no.
The clerk will open the vote. All members wishing to record, please do
so at this time. Representative Jackson. Does the gentleman wish to
record?
[SPEAKER CHANGES]
Yes, sir. We'd like to vote, vote a yes.
[SPEAKER CHANGES]
Oh, the gentleman needs to press his green or red button.
Representative Warren, does the gentleman wish to record? The clerk
will let the machine record the vote. 114 have voted in the
affirmative, none in the negative. House Bill 388 has passed its second
reading without objection. It will be read a third time.
[SPEAKER CHANGES]
Chairman Statesman from North Carolina enacts.
[SPEAKER CHANGES]
Further discussion, further debate. Representative Lewis, please state
your purpose.
[SPEAKER CHANGES]
May I ask the gentleman from Wake?
[SPEAKER CHANGES]
Representative Jackson, does the gentleman yield?
[SPEAKER CHANGES]
I yield.
[SPEAKER CHANGES]
The gentleman yields.
[SPEAKER CHANGES]
Were you confused by the shades of white that you had to choose from?
Was that the problem with the vote?
[SPEAKER CHANGES]
Mr. Speaker. Thank you for that question Representative Lewis. I've
been asked all day long about my pants. I didn't go to court today.
I'll let everybody know that. All the attorneys will be glad to hear
that. But the most relevant comment that I got today was from a
representative who will remain unnamed today. He told me that they were
very appropriate since I was going to the circus.
[SPEAKER CHANGES]
Ladies and gentlemen of the House, by prior notice the Chair indicated
that we would be adjourning by 7:45. There are two bills left on the
calendar. The Chair does not anticipate any lengthy debate. We will
allow these bills to move if we can dispose of them over the next couple
of minutes. House Bill 396 the clerk will read? Chair needs to dispose
of this bill first. Further discussion, further debate. If not, the
question before the House is the passage of House Bill 388 on its third
reading. All in favor say aye. All opposed say no. The ayes have it.
House Bill 388 has passed its third reading and will be sent to the
Senate. This will be the final Bill on the calendar today. House Bill
396, the clerk will read.
[SPEAKER CHANGES]
?? for House Bill 396. The bill's been titled to act, to enact a
private well water education. An Act at the request of the Department
of Environment and Natural Resources. Gentleman Senator North Carolina
enacts.
[SPEAKER CHANGES]
Representative Katz, you have been recognized to activate the bill.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. This is a bill that will save lives. It is a
dinger agency request bill from Secretary Scilvara. It was very
thoughtful and I researched it very well. And I think it is something
that we should all support. It's an educational act to help citizens
understand water quality issues with their private drinking wells.
There are no mandatory requirements in this and there are no state
costs. Unfortunately some of our citizens have contaminated drinking
wells and presently the Health Department testing does not necessarily
identify that problem. This bill requires the state commission of
public health to prepare a program for local health departments to
educate well owners. Specifically, it will make them aware of the
limitation of the testing that they do. It will make them aware of
available options for other testing. And it will make them aware of the
minimum safe drinking water standards in North Carolina. I personally
know of children and families that have died in North Carolina from
drinking contaminated water. This bill, this program well owners can
now make informed decisions to test their wells to make sure their
families are drinking clean and safe water. This is a very thoughtful
bill and I appreciate Secretary Scilvara bringing it forward. I urge
your support.
[SPEAKER CHANGES]
Further discussion, further debate. If not, the question before the
House is the passage of the House committee substitute to House Bill 396
on its second reading. All in favor vote aye. All opposed, vote no.
The clerk will open the vote. All members wishing to record, please do
so at this time. Representatives Graham and Holly. The clerk will let
the machine record the vote. 114 having voted in the affirmative, none
in the negative. The House Committee substitute to House Bill 396 has
passed its second reading without objection will be read a third time.
[SPEAKER CHANGES]
Chairman Statesman North Carolina enacts.
[SPEAKER CHANGES]
Further discussion, further debate. If not, the question before the
House is the passage of the House Committee substitute to House Bill 396
on its third reading. All in favor say aye. All opposed say no.

they ayes have it. House committee substitute for House Bill 396 has
passed its third reading and will be sent to the Senate.
Representative Bill Brawley, please state your purpose.
[SPEAKER CHANGES]
For an announcement.
[SPEAKER CHANGES]
The gentleman is recognized for an announcement.
[SPEAKER CHANGES]
The House committee on transportation will meet at noon tomorrow in room
643.
[SPEAKER CHANGES]
Notices and announcements.
Representative Goodman, please state your purpose. .
[SPEAKER CHANGES]
For a moment of person privilege.
[SPEAKER CHANGES]
House will come to order. The gentleman is recognized for a point of
personal privilege.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. Ladies and gentlemen of the House, I feel
compelled to tell you today that I spent the entire weekend in a state
of anxiety. A week or two ago I read that the North Koreans, when they
want to do some provocative like fire missiles at the United States,
they try to do it on days of historic importance, anniversaries,
historical events. Well, apparently, Kim Jung Un, I think I pronounced
that right, didn’t know that Saturday was Michael Wray’s birthday. We
escaped that, so I just want to wish him a happy birthday so let’s all
congratulate him.
[SPEAKER CHANGES]
Representative Bryan, please state your purpose.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. A moment of person privilege.
[SPEAKER CHANGES]
The gentleman is recognized for a point of personal privilege.
[SPEAKER CHANGES]
This would be the moment for me to...where we would normally
congratulate our seatmate for the passage of their first bill
unanimously. My seatmate and I agreed that we would not do that to each
other, as my seatmate is a military guy who could kill me in a matter of
seconds. Instead I would commend you the excellence of our military, and
Representative Szoka’s skills, thank you.
[SPEAKER CHANGES]
Representative Steve Ross, please state your purpose.
[SPEAKER CHANGES]
Point of personal privilege.
[SPEAKER CHANGES]
The gentleman is recognized point of personal privilege.
[SPEAKER CHANGES]
My seatmate and I did not have that agreement, and I’d like to take this
opportunity to congratulate her on the passage of her first bill, thank
you.
[SPEAKER CHANGES]
Representative Jones, please state your purpose.
[SPEAKER CHANGES]
Two announcements.
[SPEAKER CHANGES]
The gentleman is recognized for an announcement.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. I’d like to announce that the Capital commission
prayer breakfast will take place tomorrow at 7:30 in the morning at the
members’ dining room in the legislative cafeteria and secondly, I’d like
to announce that the basketball will go on as often happens on Monday
night in our usual spot and you’re welcome to come and leave in time to
watch the Nation Championship later.
[SPEAKER CHANGES]
Representative Horn, please state your purpose.
[SPEAKER CHANGES]
Point of personal privilege.
[SPEAKER CHANGES]
The gentleman is recognized for a point of personal privilege. The House
will come to order.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. I do want to bring everyone’s attention to the
fact that this is Holocaust Remembrance Day. A lot a years ago, the evil
empire, the real evil empire was overtaken and millions of people were
freed from one of the most horrible instance in all of human history. I
think, I’m just asking you, just give that some thought. I’ve had the, I
don’t want to call it pleasure, but let us say opportunity to visit
several of these death camps. One of which I visited less than 20 years
after the war. A sobering experience to put it mildly. But I do draw
your attention to this particular day. To this great suffering for this
terrible inhumanity to man. Unbelievable, unfathomable. It’s most
interesting that as we recall this victory over a most evil empire that
we also acknowledge the passing of one of the giants of the 20th century
who, herself, stood up to an evil empire, Lady Margaret Thatcher passed
away about 10:00 this morning London time after an extended illness and
several strokes. I had the great honor to once meet this incredible
woman and I commend her as well to your thoughts. I would like to close
with one of her quotes. You want something said, tell a man. You want
something done, tell a woman.
[SPEAKER CHANGES]
Representative Glazier, please state your purpose.
[SPEAKER CHANGES]
Point of personal privilege.
[SPEAKER CHANGES]
The gentleman is recognized for a point of personal privilege.
[SPEAKER CHANGES]
Thank you, Mr. Speaker, and I appreciate Representative Horn’s comments.
I was going to hold on those until tomorrow just based on the evening,
but I really appreciate what he’s done. I’ll be putting on your desk...

An exhibit card that favorable has the Anne Frank exhibit from the
holocaust museum in our town for the next 25 days. Add we have a number
of other memorials and programs going on to surround that. But I guess I
want to point out ?? there were 6 million Jews who died in the holocaust
but there were 12 million people who died. 6 million others were gypsy's
and Catholics, they were gay, or they were mentally inferred or mentally
retarded or thought to be. And because they were not like the people who
were executing them, they were executed. And so, I not only wanna
remember those, but I hope we also remember the 24 thousand people
around the world who have been designated as the righteous who were
people who were not of the Jewish faith who saved tens of thousands of
Jews from people exterminated. And those include a number of people in
the united states and from countries all through Europe. And so even
while the most horrible evil was trying to exterminate a people, and a
series of people, there were incredibly wonderful people who risk their
lives and in many cases lost their lives to help each other. And i guess
the saying that I would hope. A lot of time we say where was god when
all that was happening, but the real question is where was man? And in
the end I think, we hope none of us will ever be tormented, We hope none
of us will ever be the tormentor. But most important thing is never to
be indifferent thank you. [SPEAKER CHANGES] Representative Pitman please
state your purpose [SPEAKER CHANGES] Personal privilege. [SPEAKER
CHANGES] The gentlemen is recognized for a point of personal privilege.
[SPEAKER CHANGES] Thank you Mr Speaker. I just wanna share with
everybody our joy and thanks giving and my family because yesterday i
mentioned this in Campo Commision earlier. Our son in law, luitenant
Donovan Campbell was on his way to drill, national guard in Brayford, on
a motorcycle and a pastor on his way to church didnt see him and took a
turn and hit him, and he was knocked about pretty bad but as far as we
could tell except for some scrapes and bruises only a broken or sprang
ankle, I'm not sure which. So we just thank god that we still have him.
Thank you. [SPEAKER CHANGES] Representative, the clerk will read
[SPEAKER CHANGES] The house committee on rules, calendars and operations
will meet tomorrow at 11 in 1228 1327 of the legislature building.
[SPEAKER CHANGES] Representative Moore please state your purpose
[SPEAKER CHANGES] A couple referrals mr speaker [SPEAKER CHANGES] The
gentlemen is recognized. [SPEAKER CHANGES] House bill 466 short title
amend private protective service act and fees. We move that bill be
removed from the committee on judiciary. The serial referral to commerce
be re-stricken and that the bill be referred to committee on finance. [
SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] House
bill 156 short title honest lottery act that the bill be removed from
the committee on preparations subject to calendering at the appropriate
times, to rule 36b. [SPEAKER CHANGES] Without objection, so ordered
[SPEAKER CHANGES] House bill 508 honors of founders in Macleberg county
which is on tomorrows schedule, move that that be removed from
Tomorrow's calendar and rescheduled to April the 17th [SPEAKER CHANGE]
Without objection, so ordered [SPEAKER CHANGES] And finally, house bill
265 short title automobile insurance regulation modifications strike the
bill presently ?? insurance where it will remain but strike the serial
referral to transportation and in its place add a serial referral to
commerce. [SPEAKER CHANGES] Without objection, so ordered [SPEAKER
CHANGES] Further notices and announcements, representative Moore is
recognized. [SPEAKER CHANGES] Mr speaker subject to re-referral bills
and resolutions, receipt of community reports move that the house do now
adjourn to reconvene tomorrow April the 9th at 2 o'clock PM. [SPEAKER
CHANGES] Representative Moore moves, seconded by representative Martin
and subject to the re-referral bills and resolutions and receipt of
committee reports that the house will now adjourn and reconvene on
Tuesday April 9th at 2 pm. All in favor say aye. All opposed say no. The
ayes have it the house stands adjourned.